- 5 - MEMORANDUM FINDINGS OF FACT AND OPINION HALPERN, Judge: I. Introduction This report concerns the affirmative defense of statute of limitations raised by five of the petitioners in these seven consolidated cases.2 Those five petitioners and respondent have agreed that, at this time, respondent will not claim fraud in response to such affirmative defense but may, at some later time, make such response. No additional response by respondent will be necessary, however, since, on the grounds before us, we do not sustain any affirmative defense of statute of limitations. The partnerships raising the affirmative defense of statute of limitations are Agri-Venture Associates (AVA), Agri-Venture Fund (AVF), Houston Farm Associates II (HFA-II), Dixie Venture- 1985 (DV-85), and Texas Farm Venturers (TFV). The issues we must address are whether (1) for 1984, with respect to AVA and TFV, and for 1985, with respect to HFA-II, a valid partnership return was filed, which would fix the period provided for in section 6229(a) for assessing any tax, and (2) for 1985, with 2 Frederick H. Behrens, Tax Matters Partner, is petitioner in three of those five cases, and Robert A. Wright, Tax Matters Partner, is petitioner in the other two. To avoid confusion in the discussion that follows, we will use the name of the partnership, rather than the name of the tax matters partner, to refer to the petitioner in each case: For instance, we will refer to the petitioner in Agri-Ventures Associates, Frederick H. Behrens, Tax Matters Partner, as Agri-Ventures Associates (AVA).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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